KEI Statement at WIPO SCCR on agenda item on limitations and exceptions

KEI supports the proposal by Brazil, Chile, Nicaragua and Uruguay for a strong substantive work program in the area of limitations and exceptions, and urges the SCCR members to give this topic the time, attention and care that it deserves. These are very important and challenging tasks. They go to the very core concerns of consumers, and they are highly relevant to the WIPO development agenda.

We welcome the constructive comments by the United States and other countries, and agree that work on norm setting should be informed by evidence, careful analysis, and that there is a tension with the need for national discretion in implementing treaty flexibilities.

We note that Chile indicated that the SCCR work on exceptions and limitations could proceed within the framework of existing copyright treaties, and that it would be fruitful to address specific problems.

Among the (many) questions the SCCR might consider, are the following:

1. Has the Internet created a compelling need to develop global norms for limitations and exceptions, in order to foster cross border publishing and sharing of information?

2. Do distance education services need minimum exceptions to truly develop as a platform, and to provide the type of services that are important for development?

3. Is the Appendix to the Berne Convention working? Does it need an "update" for the digital age?

4. How do DRM/TPM technologies work with consumer rights? Do we have the right models for state practice in implementing the 1996 WIPO digital treaties, as it relates to L&E?

5. Do countries have the flexibility in the TRIPS to deal with the orphan works problem? Is a cross border solution important?

6. How can countries implement the flexibilities in TRIPS Articles 40, on the control of anti-competitive practices, and Article 44, concerning alternatives to injunctions.

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